Chapter 4723-2 Licensing for Active Duty Military and Veterans

(A)
For purposes of
Chapters 4723-1 to 4723-27 of the Administrative Code, and except as otherwise
provided, the following definitions shall apply:

(1)
"Active duty
service member" means any member of the armed forces of the United States
performing active duty under title 10 of the United States
Code.

(2)
"Armed forces" means the armed forces of the United
States, including the army, navy, air force, marine corps, coast guard, or any
reserve components of those forces; the national guard of any state; the
commissioned corps of the United States public health service; the merchant
marine service during wartime; such other service as may be designated by
congress; or the Ohio organized militia when engaged in full-time national
guard duty for a period of more than thirty days.

(3)
"Applicant"
means an individual who applies to the board for a license, temporary permit,
or certificate, or renewal, reinstatement or reactivation of a license or
certificate, to practice as:

(4)
"Service member"
means any person who is serving in the armed forces.

(5)
"Merchant
marine" includes the United States army transport service and the United States
naval transport service.

(6)
"Veteran" means any person who has completed service
in the armed forces, including the national guard of any state, or a reserve
component of the armed forces, who has been discharged under honorable
conditions from the armed forces or who has been transferred to the reserve
with evidence of satisfactory service.

(B)
If the applicant
responds affirmatively to any of the questions discussed in paragraph (A) of
this rule, the board shall:

(1)
Route the application to a board staff member who is
responsible for monitoring the application and communicating with the applicant
regarding the status of the application, including informing the applicant of
any documentation needed for the board to process the
application;

(2)
Expedite the processing of the application, even if
the application was received later in time than other applications that are
pending processing;

(3)
Provide information to applicants if the applicant or
their spouse will be imminently deployed, regarding available fee and
continuing education waivers, as discussed in rule
4723-2-03 of the Administrative
Code;

(4)
Request that the applicant submit documentation to the
board demonstrating that the applicant is a service member, veteran, or spouse
or surviving spouse of a service member or veteran; and

(5)
Track, on an
annual basis, the total number of applications submitted by service members,
veterans, or spouses or surviving spouses of service members or veterans, and
the average number of business days expended by the board to process those
applications.

(C)
For purposes of paragraph (B)(4) of this rule,
acceptable forms of documentation include:

(1)
A copy of a
document issued by the armed forces showing the applicant is a service member
or veteran, or that the applicant's spouse was a service member or veteran;
and

(2)
If the applicant is a spouse or surviving spouse of a
service member or veteran, a copy of a document showing that the applicant and
the service member or veteran are spouses according to the law of any state or
country.

(A)
A licensed practical nurse or registered nurse, who
submits a renewal application on July first or later, or whose license lapsed,
due to the licensee's service in the armed forces, shall be eligible for
renewal and reinstatement without payment of the late application fee required
by division (A)(13) of section
4723.08 of the Revised Code, and
the reinstatement fee required by division (A)(18) of section
4723.08 of the Revised Code, if
the following are met:

(1)
The licensee presents the board with satisfactory
evidence that, not more than six months prior to the date the evidence is
submitted to the board, the licensee or certificate holder was honorably
discharged or separated under honorable conditions;

(2)
The licensee is
not suffering a mental or physical impairment that may affect the individual's
ability to provide safe care; and

(3)
The licensee
meets the requirements for license or certificate renewal required by section
4723.24 of the Revised
Code.

(B)
A licensed practical nurse or registered nurse, who
submits a renewal application on July first or later, or whose license lapsed,
due to the licensee's spouse's service in the armed forces, shall be eligible
for renewal and reinstatement without payment of the late application fee
required by division (A)(13) of section
4723.08 of the Revised Code, and
the reinstatement fee required by division (A)(18) of section
4723.08 of the Revised Code, if
the following are met:

(1)
The licensee presents the board with satisfactory
evidence that the licensee did not renew their license because their spouse's
military service caused them to be absent from the state of
Ohio;

(2)
The licensee presents the board satisfactory evidence
that, not more than six months prior to the date the evidence is submitted to
the board, the licensee's spouse was honorably discharged or separated under
honorable conditions; and

(3)
The licensee meets the requirements for license
renewal required by section
4723.24 of the Revised
Code.

(C)
An advanced practice registered nurse, as defined in
paragraph (A) of rule
4723-8-01 of the Administrative
Code, who submits a renewal application on July first or later, or whose
certificate lapsed, due to the holder's service in the armed forces, shall be
eligible for renewal and reinstatement without payment of the late application
fee required by division (A)(13) of section
4723.08 of the Revised Code, and
the reinstatement fee required by division (A)(18) of section
4723.08 of the Revised Code, if
the following are met:

(1)
The certificate holder presents the board with
satisfactory evidence that, not more than six months prior to the date the
evidence is submitted to the board, the certificate holder was honorably
discharged or separated under honorable conditions;

(2)
The certificate
holder is not suffering a mental or physical impairment that may affect the
individual's ability to provide safe care; and

(3)
The certificate
holder meets the requirements for certificate renewal required by section
4723.42 of the Revised
Code.

(D)
An advanced practice registered nurse, who submits a
renewal application on July first or later, or whose certificate lapsed, due to
the holder's spouse's service in the armed forces, shall be eligible for
renewal and reinstatement without payment of the late application fee required
by division (A)(13) of section
4723.08 of the Revised Code, and
the reinstatement fee required by division (A)(18) of section
4723.08 of the Revised Code, if
the following are met:

(1)
The certificate holder presents the board with
satisfactory evidence that the certificate holder did not renew their
certificate because their spouse's military service caused them to be absent
from the state of Ohio;

(2)
The certificate holder presents the board satisfactory
evidence that, not more than six months prior to the date the evidence is
submitted to the board, the certificate holder's spouse was honorably
discharged or separated under honorable conditions; and

(3)
The certificate
holder meets the requirements for certificate renewal required by section
4723.42 of the Revised
Code.

(E)
A clinical nurse specialist, certified nurse midwife,
or certified nurse practitioner whose certificate to prescribe lapsed, due to
the holder's service in the armed forces, shall be eligible for renewal and
reinstatement without payment of the reinstatement fee required by division
(A)(18) of section 4723.08 of the Revised Code, if
the following are met:

(1)
The certificate holder presents the board with
satisfactory evidence that, not more than six months prior to the date the
evidence is submitted to the board, the certificate holder was honorably
discharged or separated under honorable conditions;

(2)
The certificate
holder is not suffering a mental or physical impairment that may affect the
individual's ability to provide safe care; and

(3)
The certificate
holder meets the requirements for certificate renewal required by rule
4723-9-07 of the Administrative
Code.

(F)
A clinical nurse specialist, certified nurse midwife,
or certified nurse practitioner whose certificate to prescribe lapsed, due to
the certificate holder's spouse's service in the armed forces, shall be
eligible for renewal and reinstatement without payment of the reinstatement fee
required by division (A)(18) of section
4723.08 of the Revised Code, if
the following are met:

(1)
The certificate holder presents the board with
satisfactory evidence that the certificate holder did not renew their
certificate because their spouse's military service caused them to be absent
from the state of Ohio;

(2)
The certificate holder presents the board satisfactory
evidence that, not more than six months prior to the date the evidence is
submitted to the board, the certificate holder's spouse was honorably
discharged or separated under honorable conditions; and

(3)
The certificate
holder meets the requirements for renewal required by rule
4723-9-07 of the Administrative
Code.

(G)
A dialysis technician certificate holder, who submits
a renewal application on March first or later, or whose certificate lapsed, due
to the holder's service in the armed forces, shall be eligible for renewal and
reinstatement without payment of the late application fee required by division
(A)(13) of section 4723.08 of the Revised Code, and
the reinstatement fee required by division (A)(18) of section
4723.08 of the Revised Code, if
the following are met:

(1)
The certificate holder presents the board with
satisfactory evidence that, not more than six months prior to the date the
evidence is submitted to the board, the certificate holder was honorably
discharged or separated under honorable conditions;

(2)
The certificate
holder is not suffering a mental or physical impairment that may affect the
individual's ability to provide safe care; and

(3)
The certificate
holder meets the requirements for certificate renewal required by section
4723.77 of the Revised Code and
rule 4723-23-05 of the Administrative
Code.

(H)
A dialysis technician certificate holder, who submits
a renewal application on March first or later, or whose certificate lapsed, due
to the holder's spouse's service in the armed forces, shall be eligible for
renewal and reinstatement without payment of the late application fee required
by division (A)(13) of section
4723.08 of the Revised Code, and
the reinstatement fee required by division (A)(18) of section
4723.08 of the Revised Code, if
the following are met:

(1)
The certificate holder presents the board with
satisfactory evidence that the certificate holder did not renew their
certificate because their spouse's military service caused them to be absent
from the state of Ohio;

(2)
The certificate holder presents the board satisfactory
evidence that, not more than six months prior to the date the evidence is
submitted to the board, the certificate holder's spouse was honorably
discharged or separated under honorable conditions; and

(3)
The certificate
holder meets the requirements for license renewal required by section
4723.77 of the Revised Code and
rule 4723-23-05 of the Administrative
Code.

(I)
A community health worker certificate holder, who
submits a renewal application on April first or later, or whose certificate
lapsed due to the holder's service in the armed forces shall be eligible for
renewal and reinstatement without payment of the late application fee required
by paragraph (C) of rule
4723-26-04 of the Administrative
Code and division (A)(13) of section
4723.08 of the Revised Code, and
the reinstatement fee required by paragraph (H)(2) of rule
4723-26-04 of the Administrative
Code and division (A)(18) of section
4723.08 of the Revised Code if
the following conditions are met:

(1)
The certificate holder presents the board with
satisfactory evidence that, not more than six months prior to the date the
evidence is submitted to the board, the certificate holder was honorably
discharged or separated under honorable conditions; and

(2)
The certificate
holder is not suffering a mental or physical impairment that may affect the
individual's ability to provide safe care.

(J)
A community
health worker certificate holder, who submits a renewal application on April
first or later, or whose certificate lapsed, due to the holder's spouse's
service in the armed forces shall be eligible for renewal and reinstatement
without payment of the late application fee required by paragraph (C) of rule
4723-26-04 of the Administrative
Code and division (A)(13) of section
4723.08 of the Revised Code, and
the reinstatement fee required by paragraph (H)(2) of rule
4723-26-04 of the Administrative
Code and division (A)(18) of section
4723.08 of the Revised Code, if
the following are met:

(1)
The certificate holder presents the board with
satisfactory evidence that the holder did not renew their certificate because
their spouse's military service caused them to be absent from the state of
Ohio;

(2)
The certificate holder presents the board satisfactory
evidence that, not more than six months prior to the date the evidence is
submitted to the board, the holder's spouse was honorably discharged or
separated under honorable conditions; and

(3)
The certificate
holder meets the requirements for certificate renewal required by section
4723.85 of the Revised
Code.

(K)
A medication aide certificate holder who submits a
renewal application after March first, or whose certificate lapsed due to the
holder's service in the armed forces shall be eligible for renewal and
reinstatement by paying the renewal fee set forth in paragraph (A)(2) of rule
4723-27-10 of the Administrative
Code without payment of the late application fee set forth in paragraph (A)(3)
of rule 4723-27-10 of the Administrative
Code and division (A)(13) of section
4723.08 of the Revised Code or
the reinstatement fee specified in paragraph (A)(4) of rule
4723-27-10 of the Administrative
Code, if the following conditions are met:

(1)
The certificate
holder presents the board with satisfactory evidence that not more than six
months prior to the date the evidence is submitted to the board, the
certificate holder was honorably discharged or separated under honorable
conditions; and

(2)
The certificate holder is not suffering a mental or
physical impairment that may affect the individual's ability to provide safe
care.

(L)
A medication aide certificate holder who submits a
renewal application after March first, or whose certificate lapsed, due to the
holder's spouse's service in the armed forces shall be eligible for renewal and
reinstatement without payment of the late application fee required by paragraph
(C) of rule
4723-27-05 of the Administrative
Code and division (A)(13) of section
4723.08 of the Revised Code, and
the reinstatement fee required by paragraph (H)(2) of rule
4723-27-05 of the Administrative
Code and division (A)(18) of section
4723.08 of the Revised Code, if
the following are met:

(1)
The certificate holder presents the board with
satisfactory evidence that the holder did not renew their certificate because
their spouse's military service caused them to be absent from the state of
Ohio;

(2)
The certificate holder presents the board satisfactory
evidence that, not more than six months prior to the date the evidence is
submitted to the board, the holder's spouse was honorably discharged or
separated under honorable conditions; and

(3)
The certificate
holder meets the requirements for certificate renewal required by rule
4723-27-05 of the Administrative
Code and section 4723.651 of the Revised
Code.

(A)
Upon receipt of
an application from a licensed nurse, dialysis technician, certified community
health worker, or medication aide that is accompanied by proper documentation
certifying that the individual has been called to active duty during a current
or prior reporting period, and certifying the length of that active duty, the
individual shall receive an extension of the current continuing education
reporting period equal to the total number of months spent in active duty
during the current reporting period. For purposes of this rule, any portion of
a month served on active duty shall be considered one full
month.

(B)
In determining whether the requirements of this
chapter are met, the board shall consider relevant education, training, or
service completed by a licensee or certificate holder as a member of the armed
forces.